Skip to main content
×
Home
Democracy and Legal Change
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 9
  • Cited by
    This book has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Guichard, Justine 2016. Regime Transition and the Judicial Politics of Enmity.


    Guichard, Justine 2016. Regime Transition and the Judicial Politics of Enmity.


    Guichard, Justine 2016. Regime Transition and the Judicial Politics of Enmity.


    Tipler, Kathleen 2016. Counting the many: The origins and limits of supermajority rule. Contemporary Political Theory, Vol. 15, Issue. 1, p. e5.


    Van Assche, Kristof Beunen, Raoul and Duineveld, Martijn 2016. Citizens, Leaders and the Common Good in a world of Necessity and Scarcity: Machiavelli’s Lessons for Community-Based Natural Resource Management. Ethics, Policy & Environment, Vol. 19, Issue. 1, p. 19.


    Cristóbal Rovira Kaltwasser, 2014. The Responses of Populism to Dahl's Democratic Dilemmas. Political Studies, Vol. 62, Issue. 3, p. 470.


    Jahr, Elizabeth and Rector, Chad 2014. Democratic commitments are not always credible: Abortion and German reunification. Comparative European Politics,


    Beckman, Ludvig 2008. Do global climate change and the interest of future generations have implications for democracy?. Environmental Politics, Vol. 17, Issue. 4, p. 610.


    Brown, Nathan J. 2008. Reason, Interest, Rationality, and Passion in Constitution Drafting. Perspectives on Politics, Vol. 6, Issue. 04, p. 675.


    ×
  • Export citation
  • Recommend to librarian
  • Recommend this book

    Email your librarian or administrator to recommend adding this book to your organisation's collection.

    Democracy and Legal Change
    • Online ISBN: 9780511509681
    • Book DOI: https://doi.org/10.1017/CBO9780511509681
    Please enter your name
    Please enter a valid email address
    Who would you like to send this to? *
    ×
  • Buy the print book

Book description

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.

Reviews

    • Aa
    • Aa
Refine List
Actions for selected content:
Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Send to Kindle
  • Send to Dropbox
  • Send to Google Drive
  • Send content to

    To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to .

    To send content to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

    Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    Please be advised that item(s) you selected are not available.
    You are about to send:
    ×

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
×

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.


Reed Amar . “Philadelphia Revisited: Amending the Constitution Outside Article V.” 55 University of Chicago Law Review 1043 (1988).

Glenn Burgess . The Politics of the Ancient Constitution. University Park: Pennsylvania State University Press, 1992.

Virgílio Afonso Da Silva . “A Fossilized Constitution,” 17(4) Ratio Juris 454–73 (2004).

Jon Elster . Ulysses Unbound. Cambridge: Cambridge University Press, 2000.

John Ferejohn . “The Politics of Imperfection: The Amendment of Constitutions.” 22 Law and Social Inquiry 501–31, at 504 (1998).

Ferejohn, John and Pasquale Pasquino. “Rule of Democracy and Rule of Law.” In Democracy and the Rule of Law, eds. José María Maravall and Adam Przeworski . New York: Cambridge University Press, 2003.

Jill E. Fisch Retroactivity and Legal Change,” 110 Harvard Law Review 1055 (1997).

Charles W. Fornara Archaic Times to the End of the Peloponnesian War. Cambridge: Cambridge University Press, 1983.

William W. Freehling The Founding Fathers and Slavery,” 77 American Historical Review 81–93 (1972).

Carl Friedrich . “Rebuilding the German Constitution, I.” 43(3) American Political Science Review 461–82 (1949).

Erik Gartzke , and Kristian Skrede Gleditsch . “Why Democracies May Actually Be Less Reliable Allies.” 48(4) American Journal of Political Science 775–95 (2004).

Kurt Taylor Gaubatz . “Democratic States and Commitment in International Relations.” 50 International Organization 109–39 (1996).

Janelle Greenberg . The Radical Face of the Ancient Constitution: St. Edward's ‘Laws’ in Early Modern Political Thought. Cambridge: Cambridge University Press, 2001.

Jürgen Habermas , with William Rehg . “Constitutional Democracy: A Paradoxical Union of Contradictory Principles?29(6) Political Theory 766–81 (2001).

Russell Hardin . Liberalism, Constitutionalism, and Democracy. Oxford: Oxford University Press, 1999.

Phillip Harding . From the End of the Peloponnesian War to the Battle of Ipsus. Cambridge: Cambridge University Press, 1985.

A. R. W. Harrison Law-Making at Athens at the End of the Fifth Century BC.” 75 Journal of Hellenic Studies 26–35 (1955).

Holmes, Stephen, and Cass Sunstein. “The Politics of Revision.” In Responding to Imperfection, ed. Sanford Levinson . Princeton, NJ: Princeton University Press, 1995.

Gregory Huber , and Sanford Gordon . “Accountability and Coercion: Is Justice Blind When It Runs for Office? 48(2) American Journal of Political Science 247–63 (2004).

Knight, Jack. “Institutionalizing Constitutional Interpretation.” In Constitutional Culture and Democratic Rule, ed. John Ferejohn , Jack N. Rakove , and Jonathan Riley . Cambridge: Cambridge University Press, 2001.

Jack Knight . Institutions and Social Conflict. Cambridge: Cambridge University Press, 1992.

Charles Larmore . “The Moral Basis of Political Liberalism.” 96(12) Journal of Philosophy 599–625 (1999).

Karl Loewenstein . “Militant Democracy and Fundamental Rights I.” 31(3) American Political Science Review 417–32 (1937).

Douglas M. MacDowell Law-Making at Athens in the Fourth Century B.C.,” 95 Journal of Hellenic Studies 62–74 (1975).

Earl Maltz . “Slavery, Federalism, and the Structure of the Constitution.” 36 American Journal of Legal History 466–98 (1992).

Bernard Manin . “On Legitimacy and Political Deliberation,” 15(3) Political Theory 338–68 (1987).

William Marbury . “The Limitations upon the Amending Power.” 33 Harvard Law Review 223–35 (1919).

John P. McCormick Carl Schmitt's Critique of Liberalism: Against Politics as Technology. Cambridge: Cambridge University Press, 1997.

J. G. A. Pocock The Ancient Constitution and the Feudal Law. Cambridge: Cambridge University Press, 1987.

William Reed . “Alliance Duration and Democracy: An Extension and Cross-Validation of ‘Democratic States and Commitment in International Relations.’41 American Journal of Political Science 1072–78 (1997).

Carl Schmitt . Legality and Legitimacy, trans. Jeffrey Seitzer. Durham, NC: Duke University Press, 2004.

R. B. Seaberg The Norman Conquest and the Common Law: The Levellers and the Argument from Continuity.” 24 Historical Journal 791–806 (1981).

Barbara Shapiro . “Law Reform in Seventeenth Century England.” 19 American Journal of Legal History 280–312 (1975).

Barbara Shapiro . “Sir Francis Bacon and the Mid-Seventeenth Century Movement for Law Reform.” 24 American Journal of Legal History 331–362 (1980).

Andrew Sharp , ed. The English Levellers. Cambridge: Cambridge University Press, 1998.

Alfred Stepan . “Federalism and Democracy: Beyond the U.S. Model.” 10(4) Journal of Democracy 19–34 (1999).

Richard Tuck . Natural Rights Theories. Cambridge: Cambridge University Press, 1979.

Jeremy Waldron . The Dignity of Legislation. Cambridge: Cambridge University Press, 1999a.

Jeremy Waldron . Law and Disagreement. Oxford: Oxford University Press, 1999b.

Worden, Blair. “Republicanism, Regicide, and Republic: The English Experience.” In Republicanism, vol. 1, ed. Martin Gelderen and Quentin Skinner . Cambridge: Cambridge University Press, 2002.

Blair Worden . The Rump Parliament: 1648–1653. Cambridge: Cambridge University Press, 1974.

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 86 *
Loading metrics...

Book summary page views

Total views: 56 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 30th May 2017. This data will be updated every 24 hours.